EXPLANATORY GUIDANCE TO THE PRIVATE HOSPITALS AND MEDICAL CLINICS (ADVERTISEMENT) REGULATIONS - 2019 Effective from 15 April 2019 - Ministry of Health
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EXPLANATORY
GUIDANCE TO THE
PRIVATE
HOSPITALS AND
MEDICAL CLINICS
(ADVERTISEMENT)
REGULATIONS
2019
Effective from 15 April 2019
Effective from 15 April 2019 1
Preamble From 15 April 2019, licensees of healthcare institutions (“HCIs”) licensed under the Private Hospitals and Medical Clinics Act (“PHMCA”) are required to comply with the Private Hospitals and Medical Clinics (Advertisement) Regulations 2019 (“Advertisement Regulations”) in advertising their healthcare services. The Private Hospitals and Medical Clinics (Publicity) Regulations (2004) (“Publicity Regulations”) are revoked. The main objective of replacing the Publicity Regulations with the Advertisement Regulations is to provide greater clarity to licensees through an updated regulatory framework that takes into account the emergence of more creative and innovative ways to advertise healthcare services, such as through social media. One key change is to clarify that the Advertisement Regulations apply to “advertisements”, which are intended to promote the HCIs’ services, rather than “publicity”, which merely provides information about HCIs’ services and is not designed to promote the use/consumption of the HCIs’ services. The Advertisement Regulations make it clear that advertisements by HCIs must not create unrealistic expectations of the services provided, or induce unnecessary consumption of healthcare services. The information in HCIs’ advertisements should only inform the public of the HCIs’ services, so as to enable the public to have a better understanding of their services and available options and, consequently be able to arrive at a more informed decision on their healthcare choices. This Explanatory Guidance (“EG”) explains the principles underpinning the Advertisement Regulations, and is intended only as general guidance. The EG should be read in conjunction with the Advertisement Regulations, which can be found at [https://sso.agc.gov.sg/SL-Supp/S382019/Published/20190115?DocDate=20190115], and the Advertisement Regulations take precedence in the event of any inconsistency. Effective from 15 April 2019 2
Licensees should consult their legal or other professional advisers if they require specific advice. Licensees of HCIs are ultimately responsible, and will be held accountable, for all advertisements associated with their respective HCIs. Hence, all licensees should familiarise themselves with the Advertisement Regulations and EG, and comply with them at all times. Effective from 15 April 2019 3
Table of Contents
1. Scope ............................................................................................................................ 5
2. Factual information ........................................................................................................ 5
3. Advertisement Platforms ................................................................................................ 6
4. Display of accreditation, certificates or awards ............................................................... 8
5. Specific Requirements for the Content of Advertisements.............................................. 9
5.2. Advertisements must be factually accurate and capable of being substantiated ..... 9
5.3. Advertisements must not be offensive, ostentatious or in bad taste ...................... 10
5.4. Advertisements must not create unjustified expectations, etc. .............................. 10
5.5. Advertisements must not contain “before & after” or only “after” treatment picture. 11
5.6. Advertisements must not contain laudatory statements, etc. ................................. 12
5.7. Advertisements must not contain testimonials or endorsements ........................... 15
5.8. Advertisements must not solicit or encourage the use of the HCI’s services ......... 16
6. Hyperlinks .................................................................................................................... 18
7. Particular factual scenarios .......................................................................................... 20
7.1. Interviews ............................................................................................................. 20
7.2. Filming on HCIs’ premises .................................................................................... 20
7.3. Public workshops, seminars or symposiums ......................................................... 21
8. Participation in Public Schemes. .................................................................................. 22
9. Contributions to good causes and participation in Corporate Social Responsibility (CSR)
initiatives ............................................................................................................................. 25
10. Advertising in conjunction with any person ............................................................... 26
11. Advertisements outside Singapore ........................................................................... 26
12. Summary of Licensees’ Responsibility ..................................................................... 27
13. Decision Tree to determine if an Advertisement is in Compliance............................. 28
14. Contact Us ............................................................................................................... 30
Effective from 15 April 2019 4
1. Scope
1.1. The Advertisement Regulations regulate advertisements by private hospitals
(including nursing homes), medical and dental clinics, and clinical or radiological
laboratories. They also cover advertisements by third parties (e.g. influencers) on
behalf of and/or in collaboration/conjunction with HCIs.
1.2. Advertisements by persons not licensed under the PHMCA, such as beauty and
wellness establishments, are not regulated under the Advertisement Regulations.
However, they must comply with all applicable legislation such as the Medicines
(Advertisements and Sale) Act.
1.3. To avoid doubt, licensees of HCIs must also comply with all other applicable
legislation regulating their advertisements, including the Medicines Act and Health
Products Act. Healthcare professionals should also comply with their
professional/ethical codes and ethical guidelines1.
2. Factual information
2.1. As stated above, the Advertisement Regulations regulate information that
promotes HCIs’ services. A mere list of factual information relating to HCIs’ services
(akin to that of information in a directory, as listed below) would not be considered to
be an “advertisement” for the purpose of the Advertisement Regulations:
(a) name, logo, address, website / social media address and contact details of the
HCI;
(b) operating hours of the HCI;
(c) services provided by the HCI, such as;
(i) name of the healthcare professional(s) providing services at the HCI;
(ii) his registered professional qualification(s);
(iii) his professional title(s) reflecting the register(s) in which he is registered;
1“Advertising: G” of Singapore Medical Council, Ethical Codes and Ethical Guidelines 2016; “Information on
Dentists’ Services: 4.4” of Singapore Dental Council, Ethical Code and Guidelines 2006
Effective from 15 April 2019 5
(iv) his displayable qualification(s) accepted and recognised for display by the
relevant professional bodies;
(v) his title or designation at the HCI; and
(d) price of the services provided by the HCI.
3. Advertisement Platforms
Regulation 5(1):
The licensee of a healthcare institution must ensure that any advertisement that
is not displayed within the premises of the healthcare institution and that is about
the healthcare institution’s services appears only in newspapers, directories,
medical journals, magazines, brochures, leaflets, pamphlets and the Internet.
Regulation 5(2):
However, Regulation 5(1) does not prohibit a licensee from affixing any
advertisement to any door, fence, grille, partition, wall or window of the
healthcare institution’s premises even if the advertisement is visible to any
person from outside those premises.
Regulation 5(3):
To avoid doubt, any advertisement that is displayed within the premises of a
healthcare institution may appear in any form or medium.
Regulation 5(4):
The licensee of a healthcare institution must not advertise the services of the
healthcare institution —
(a) by sending any advertisement to an individual through push technology; or
(b) by distributing or giving, free of charge, any advertising material to an
individual,
unless the licensee has obtained the prior written consent of that individual to do
so.
Effective from 15 April 2019 6
Regulation 5(5):
Where an advertisement of the services of a healthcare institution appears on
the Internet, the licensee of the healthcare institution must ensure that the
Internet is not used for patient consultation with any employee of the healthcare
institution if the patient is not an existing patient of the healthcare institution.
Regulation 5(6):
Where an advertisement of the services of a healthcare institution appears in a
brochure, leaflet or pamphlet, the licensee of the healthcare institution must
ensure that the brochure, leaflet or pamphlet contains the date of publication.
3.1. Licensees must only use the eight advertising media listed in regulation 5(1)
outside their premises. All other advertising media are not allowed, including SMS text
messaging, television screens, billboards, light boxes, digital media boxes, LCD / LED
panels, banners and posters.
3.2. However, licensees may advertise using any medium within their physical
premises. To avoid doubt, the content of licensees’ advertisements must comply with
regulation 4 of the Advertisement Regulations, even where they are only put up within
HCIs’ premises. This is elaborated in paragraphs 5.2 to 5.8.
3.3. Licensees may advertise on the internet through YouTube, and social media
platforms such as Facebook, Instagram and blogs. However, the content of such
advertisements must comply with Regulation 4 of the Advertisement Regulations.
3.4. Licensees must not give or distribute physical advertising material free of
charge, such as by inserting brochures, leaflets and pamphlets etc. into mail boxes,
or through push technology such as SMS, MMS, WhatsApp, and Facebook
messenger, without first obtaining prior written consent from the recipients.
3.5. To avoid doubt, Search Engine Optimisation (SEO) and Search Engine
Marketing (SEM) are not considered to be push technology under regulation 5(4)(a)
of the Advertisement Regulations.
Effective from 15 April 2019 7
3.6. Licensees must ensure that their brochures, leaflets and pamphlets state the
date of publication.
3.7. Where a licensee gives valuable consideration of any kind to any person or
organisation to advertise for it in any advertising media, the advertisement would be
considered to be the HCI’s advertisement for the purpose of the Advertisement
Regulations.
4. Display of accreditation, certificates or awards
Regulation 11(1):
Except as provided in Regulation 11(2), the licensee of a healthcare institution
must not display, or publish, disseminate or convey any information relating to,
any accreditation or certification or award conferred on the licensee’s healthcare
institution.
Regulation 11(2):
The licensee of a healthcare institution may display, or publish, disseminate or
convey any information relating to, an accreditation, a certification or an award
mentioned in regulation 11(1) only —
(a) within the premises where the services of that healthcare institution are
provided; and
(b) on that healthcare institution’s website and account on any social media or
social network service.
Regulation 11(3):
To avoid doubt, an accreditation, a certification or an award conferred on a
healthcare institution does not include any professional qualification that is
conferred on a healthcare professional providing a healthcare service for and on
behalf of that healthcare institution.
Effective from 15 April 2019 8
4.1. Other than within the HCIs’ physical premises and on their websites and social
media accounts, licensees must not display, publish, disseminate or convey any
information relating to any accreditation, certification or award conferred on their HCIs
in any media. Examples of accreditations, certifications or awards conferred on HCIs
include accreditation by the Joint Commission International (JCI), and ISO certification.
4.2. Accreditations, certifications or awards do not include professional
qualifications conferred on healthcare professionals, such as professional registration
certificates and certificates of competence for experience or expertise in procedures.
4.3. To avoid doubt, the display, publication, dissemination and conveyance of any
information relating to any accreditation, certification or award within the physical
premises of the HCIs and/or on HCIs’ websites or social media accounts must comply
with regulation 4 of the Advertisement Regulations and must not, for example, be
exaggerated, false, misleading or deceptive.
5. Specific Requirements for the Content of Advertisements
5.1. Licensees must ensure that their advertisements comply with regulation 4 of
the Advertisement Regulations.
5.2. Advertisements must be factually accurate and capable of being
substantiated
Regulation 4(1)(a):
The information contained in the advertisement must be factually accurate and
capable of being substantiated, and must not be exaggerated, false, misleading
or deceptive.
5.2.1. All information 2 contained in advertisements must be factually accurate and
capable of being substantiated at the point when they are published, disseminated
2 Which includes all claims, assertions and statement etc. in the advertisement.
Effective from 15 April 2019 9and/or conveyed (i.e. there must be sufficient evidence to support and validate the
said information).
5.2.2. “Evidence” in this context refers to credible and authoritative sources, such as
articles published in peer-reviewed journals in PubMed (in the medical / dental fields)
and other literature recognised and accepted by the local medical / dental community
as being credible or authoritative. These sources should be cited in licensees’
advertisements, and provided to the Ministry of Health (MOH) upon request. If a
licensee does not provide MOH with the required evidence and information, the
licensee may be found to have contravened Regulation 4(1)(a).
5.3. Advertisements must not be offensive, ostentatious or in bad taste
Regulation 4(1)(b):
The advertisement must not —
(i) be offensive, ostentatious or in bad taste; or
(ii) undermine the honour and dignity of the medical, dental or nursing profession.
5.3.1. Advertisements must not contain any words, statements, images, or any other
information that are demeaning, provocative, distasteful, indecent and/or would
undermine the honour and dignity of the medical, dental or nursing profession. For
example, advertisements should not contain nudity.
5.4. Advertisements must not create unjustified expectations, etc.
Regulation 4(1)(c):
The advertisement must not contain any information that —
(i) implies that the healthcare institution can obtain results from treatment not
achievable by other healthcare institutions or create an unjustified expectation
from the treatment provided; or
(ii) compares and contrasts the quality of the services of the healthcare institution
with those provided by other healthcare institutions or deprecate the services
of other healthcare institutions.
Effective from 15 April 2019 105.4.1. Advertisements must not contain information that creates unjustified
expectations of the treatments provided by HCIs. As an example, advertisements
containing statements that a HCI’s treatment can achieve results within a fixed
(generally short) time period or a specified number of sessions, e.g., “instant /
immediate teeth whitening”, “straight teeth in 2 weeks”, “see results after 1 treatment
session”, would generally create unjustified expectations as not all patients can
achieve or experience the same results within the same time period.
5.4.2. Advertisements must not contain information, such as statements, images,
tables, and/or videos that compares and contrasts the quality, results and/or outcomes
of an HCI’s treatment and services with those provided by another HCI(s). For
example, an advertisement must not claim or imply that a person will look better, be
healthier or less ill, or be in a better state of general well-being after receiving the HCI’s
services, rather than the services of another HCI(s).
5.5. Advertisements must not contain “before & after” or only “after”
treatment picture.
Regulation 4(1)(d):
The advertisement does not contain any photograph, picture, video or film
showing the appearance or a feature of a person before and after, or only
after, receiving any treatment —
(i) whether or not the photograph, picture, video or film creates an unjustified
expectation from the treatment provided; and
(ii) whether all the photographs, pictures, videos or films relating to the same
treatment are contained in one advertisement or more than one
advertisement.
Regulation 4(2):
To avoid doubt, nothing in Regulation 4(1)(d) prohibits a licensee from showing
to a patient of the licensee’s healthcare institution, during a consultation by the
Effective from 15 April 2019 11patient at the premises of that healthcare institution, any photograph, picture or
video or film that shows the appearance or a feature of any person before and
after receiving any treatment from that healthcare institution.
5.5.1. Advertisements must not feature “before-and-after” or only “after” treatment
photographs, pictures, videos or films.
5.5.2. To avoid doubt, “before-and-after” or only “after” treatment photographs,
pictures, videos and films must not be featured, even with disclaimers in HCIs’
advertisements.
5.5.3. Such “before-and-after” or only “after” treatment photographs, pictures, videos
and films relating to a HCI’s treatment may be shown to patients during their
consultation at the HCI’s premises. During the consultation, proper context should be
provided to the patients by the HCI’s healthcare professionals, who should properly
explain and clarify the possible outcomes of the HCI’s treatment.
5.6. Advertisements must not contain laudatory statements, etc.
Regulation 4(1)(e):
The advertisement must not contain any laudatory statement (including a
statement of prominence or uniqueness) or superlative to describe the services
of the healthcare institution.
5.6.1. Advertisements must be factually accurate, and must not contain laudatory
statements such as subjective praises, commendations and compliments. Table 1 sets
out a list of terms that are likely to be regarded as laudatory:
Table1: List of Laudatory Terms
Laudatory Terms starting with A-F Laudatory Terms starting with G-N
Advanced e.g. technology, Ground breaking e.g. work,
method, precision; procedure;
Effective from 15 April 2019 12 Always at the forefront; Gold standard;
Astounding level of accuracy; Greater / Greatest e.g. accuracy,
precision;
Best e.g. options, available
techniques; Highest e.g. safety, success rate;
Better; Highest volume e.g. surgeon,
precision;
Brand new;
Highly e.g. sophisticated, skilled
Breakthrough;
and experienced, experienced,
Centre of excellence;
trained staff, sophisticated,
Champions; resolution available, precise,
accurate;
Choice/only choice;
Improved e.g. method;
Consistently accurate;
Industry leader;
Cutting-edge;
International repute;
Excellent;
Internationally renowned;
Exceptional outcomes;
Latest e.g. version, technology,
Exclusive;
innovations, evolution,
Extensive experience;
breakthrough;
Extremely e.g. high degree, high
Leads the industry;
degree of surgical control, precise;
Leader
Fastest, e.g. growing segment;
Leading;
First e.g. in the world, in Asia,
More or Most e.g. efficient,
breakthrough, of its kind, and only,
established, recent, advanced,
generation;
sophisticated technology,
Five star services;
significant, up-to-date, accurate;
Forefront;
Mother of all [medical/ dental
Fully experienced; product/ service];
Effective from 15 April 2019 13 New e.g. developments, frontiers,
methods, generations, treatment,
technique, level;
Newly evolved;
Next generation;
Number 1 / One;
Laudatory Terms starting with O-R Laudatory Terms starting with S-Z
Only e.g. expert, key opinion Safest e.g. option, technology;
leader;
Smoother;
Outstanding e.g. accuracy,
Spectrum of cutting-edge;
precision;
State-of-the-art e.g. technology;
Pioneer e.g. experience;
Superior e.g. speed, outcomes;
Pioneered;
Thinnest possible;
Pioneering;
Tomorrow’s solution;
Precise;
Top [medical / dental speciality]
Premier;
doctor;
Premium e.g. medical products;
Trail blazing;
Recognised and trusted name,
Ultimate;
brand;
Ultra e.g. precise, safe;
Remarkable;
Uncompromised e.g. treatment,
Renowned;
outcomes;
[Medical / dental product/ service]
Unmatched;
revolution;
Vast experience;
Revolutionary e.g. technique;
Wealth of experience;
Effective from 15 April 2019 14 Representative e.g. beginning of a Well-established;
new era, the next generation;
Whiter;
Rich/richer experience;
Wide/widest experience;
World’s e.g. most advanced,
fastest, pioneer
5.7. Advertisements must not contain testimonials or endorsements
Regulation 4(1)(f):
Except as provided in regulation 12, the information contained in the
advertisement must not contain any testimonial or endorsement about the
services of the healthcare institution, including the services of any employee of
the healthcare institution.
Regulation 12(1):
The licensee of a healthcare institution must not display, publish or disseminate
a testimonial or an endorsement by any person about the services of the
healthcare institution, including the services of any employee of the healthcare
institution, unless the testimonial or endorsement —
(a) is displayed, published or disseminated —
(i) within the premises where the services of that healthcare institution or
employee are provided; or
(ii) on that healthcare institution’s website or account on any social media or
social network service; and
(b) was given by the person directly to the licensee and is not reproduced by the
licensee.
Regulation 12(2):
The licensee of a healthcare institution may publish any testimonial or
endorsement about the services mentioned in Regulation 12(1) in any of the
Effective from 15 April 2019 15healthcare institution’s corporate publications that is disseminated or distributed
only to the licensee’s employees.
5.7.1. Patients, caregivers or members of the public may provide direct feedback
(through testimonials and/or endorsements) on a HCI’s services3, on its premises (e.g.
on the board inside a clinic’s waiting area), website or social media accounts. Such
feedback may also be provided on the websites or social media accounts of patients,
caregivers and members of the public. Licensees and healthcare professionals must
not coerce or offer valuable consideration of any kind to induce patients, caregivers or
members of the public to provide testimonials and/or endorsements.
5.7.2. Licensees must not reproduce any testimonials and/or endorsements about
their services on any advertising media, other than the HCIs’ own corporate
publications that are disseminated or distributed only to their employees. Testimonials
and endorsements by non-celebrities will not be treated differently from testimonials
and endorsements by celebrities.
5.8. Advertisements must not solicit or encourage the use of the HCI’s
services
Regulation 4(1)(g):
The advertisement must not provide information to the public in such a manner
as to amount to soliciting or encouraging the use of the services provided by or
at any healthcare institution.
Regulation 13(1):
The licensee of a healthcare institution must not advertise any programme —
(a) under which a gift (whether in the form of a good or service) or other benefit
may be obtained by a patient of the healthcare institution on the basis of the
amount or type of service purchased from the healthcare institution —
3 Which includes the services provided by any employee of the HCI.
Effective from 15 April 2019 16(i) whether or not the programme extends to the purchase of other services;
and
(ii) whether or not the patient may accept another gift; and
(b) for which the purpose is to solicit or encourage the consumption of the
services of the healthcare institution.
Regulation 13(2):
This regulation does not apply to the advertising of any of the following:
(a) a programme that is available to patients of the healthcare institution only at
its payment counter offering a payment plan for the purchase of the healthcare
institution’s services
5.8.1. Advertisements must not contain information which solicits or encourages the
use of an HCI’s services. Examples of advertisements that solicit or encourage the
use of the HCI’s services includes:
(a) “Before-and-after” treatment photos (see paragraph 5.5); and
(b) Information that promises or suggests that the services can bring about results
within a certain time period, e.g., “Instant / immediate teeth whitening”, “straight
teeth in 2 weeks”, etc. (see paragraph 5.4)
5.8.2. Examples of information that solicit or encourage the use of HCIs’ services are
“promotions” which refer to free or discounted services or products provided at or by
HCIs, or interest-free payment plans for HCIs’ services. Further examples include, but
are not limited to advertisements with:
(a) “Usual” vis-a-vis “Now” and “Package” prices for the same or a group of
services provided by the HCIs (Licensees must only list the exact prices of their
HCIs’ services, without indicating any prefix or description to the prices, and
without a comparative listing of prices);
(b) Phrases such as “As low as”, and “Lowest prices” when describing the price of
HCIs’ services, or stating an instalment amount for the services without stating
the total price;
Effective from 15 April 2019 17(c) Preferential prices for HCIs’ services with a “validity period”;
(d) Any services provided at or by HCIs that are free of charge or at a lower cost
than usual, in connection with any other services advertised by the HCI;
(e) Words or phrases such as "discount", "interest free", "preferential rate",
“promotion”, “offer”, “complimentary”, "free" or other words or phrases to the
same effect;
(f) Information on group buying websites or websites that offer lower prices
through collective group buying of HCIs’ services; or
(g) Giveaways, lucky draws, prizes, gifts and/or freebies, whether related or
otherwise to the HCI’s services.
5.8.3 Patients may be informed of an HCI’s payment plans (e.g. instalments, package
prices) at the HCI’s payment counter.
6. Hyperlinks
Regulation 14(1):
Subject to Regulation 14(2), the licensee of a healthcare institution must not
publish on the healthcare institution’s website a hyperlink to any other website
that —
(a) contains information that is not factually accurate or capable of being
substantiated, or is exaggerated, false, misleading or deceptive;
(b) is offensive, ostentatious or in bad taste, or undermines the honour and
dignity of the medical, dental or nursing profession;
(c) contains information that —
(i) implies that the healthcare institution can obtain results from treatment not
achievable by other healthcare institutions or create an unjustified
expectation from the treatment provided; or
(ii) compares and contrasts the quality of the services of the healthcare
institution with those provided by other healthcare institutions or deprecates
the services of other healthcare institutions;
(d) contains any photograph, picture, video or film showing the appearance or a
feature of a person before and after, or only after, receiving any treatment —
Effective from 15 April 2019 18(i) whether or not the photograph, picture, video or film creates an unjustified
expectation from the treatment provided; and
(ii) whether all the photographs, pictures, videos or films relating to the same
treatment are contained in one advertisement or more than one
advertisement;
(e) contains any laudatory statement (including a statement of prominence or
uniqueness) or superlative to describe the services of the healthcare
institution;
(f) except as provided in regulation 12, contains any testimonial or endorsement
of the services of the healthcare institution, including the services of any
employee of the healthcare institution; or
(g) provides information to the public in such a manner as to amount to soliciting
or encouraging the use of the services provided by the healthcare institution
or at the premises of the healthcare institution.
Regulation 14(2):
Regulation 14(1) does not apply if at the time of setting the hyperlink to a website,
the licensee does not know, or has no reason to believe, that that website is a
website mentioned in Regulation 14(1)(a) to (g).
Regulation 14(3):
Where the licensee of a healthcare institution becomes aware of any hyperlinked
website mentioned in Regulation 14(1)(a) to (g), the licensee must immediately
remove from the healthcare institution’s website the hyperlink to that website.
6.1. Licensees must ensure that the hyperlinks on their respective HCIs’ websites
do not lead to other websites that contravene regulations 14(1)(a) to (g) of the
Advertisement Regulations.
6.2. Where a licensee becomes aware of a hyperlink on any of its HCI’s websites
that lead to another website that contravenes regulations 14(1)(a) to (g), the licensee
must remove the hyperlink immediately.
Effective from 15 April 2019 197. Particular factual scenarios
7.1. Interviews
Regulation 7(1):
The licensee or an employee of a healthcare institution may, at the request of
any print or broadcast media organisation, consent to be interviewed.
Regulation 7(2):
The licensee of a healthcare institution must ensure that any information
provided in an interview by the licensee or an employee of the healthcare
institution which relates to any advertisement of the services of the healthcare
institution complies with regulation 4.
7.1.1. When being interviewed, licensees or employees of HCIs must provide factually
accurate information which complies with regulation 4 of the Advertisement
Regulations (see paragraphs 5.2 to 5.8), as well as the applicable professional ethical
codes and ethical guidelines.
7.2. Filming on HCIs’ premises
Regulation 9(1):
The licensee of a healthcare institution must ensure that neither the licensee nor
an employee of the healthcare institution solicits to participate in any filming on
the premises of the healthcare institution.
Regulation 9(2):
Where filming is done on the premises of a healthcare institution, the licensee of
the healthcare institution must ensure that only the name of the healthcare
institution is shown in the closing credits of the film as a form of acknowledgment.
Effective from 15 April 2019 207.3. Public workshops, seminars or symposiums
Regulation 10:
The licensee of a healthcare institution may advertise any public workshop,
seminar or symposium organised by the healthcare institution.
7.3.1. Licensees may advertise events organised by their HCIs, such as workshops,
seminars, symposium or talks. Licensees of HCIs must confine the advertisement of
such events to information that is factual, and only provide information such as:
(a) Title and synopsis;
(b) Information on the speakers:
(i) names;
(ii) registered professional qualification(s);
(iii) professional title(s) reflecting the register(s) in which the speakers are
registered (if any);
(iv) qualification(s) accepted and recognised for display by the relevant
professional bodies (if any);
(v) the name(s) of the place(s) of practice;
(c) details of the programme and timing;
(d) venue and contact information for the event;
(e) fees and charges that may apply, the period for which these fees and charges
are applicable and the accepted mode of payment; and
(f) the name(s) and details of the organizer(s) and / or sponsor(s).
7.3.2. At the public talks, workshops or symposiums, licensees must ensure that the
materials distributed only contain factually accurate information which complies with
the Advertisement Regulations (see paragraphs 5.2 to 5.8), and do not promote the
HCIs’ services.
Effective from 15 April 2019 217.3.3. Regulation 10 of the Advertisement Regulations only applies to public
workshops, seminars or symposiums, and do not apply to similar events that are
intended only for registered healthcare professionals and not members of the public.
8. Participation in Public Schemes
Regulation 13(1):
The licensee of a healthcare institution must not advertise any programme —
(a) under which a gift (whether in the form of a good or service) or other benefit
may be obtained by a patient of the healthcare institution on the basis of the
amount or type of service purchased from the healthcare institution —
(i) whether or not the programme extends to the purchase of other services;
and
(ii) whether or not the patient may accept another gift; and
(b) for which the purpose is to solicit or encourage the consumption of the
services of the healthcare institution.
Regulation 13(2):
This regulation does not apply to the advertising of any of the following: …
(b) a programme that is funded (in whole or part) or endorsed by the Government
or the Health Promotion Board, relating to health screening;
(c) a programme that is initiated by the Government relating to any public
scheme; …
8.1. Examples of “public schemes” under the Advertisement Regulations include
Community Health Assist Scheme (CHAS), Screen for Life (SFL), and Public
Assistance:
Effective from 15 April 2019 228.2. Licensees of HCIs participating in national schemes administered by public authorities (including the Health Promotion Board), such as Medisave for Chronic Disease Management Programme (CDMP), Community Health Assist Scheme (CHAS), Screen for Life (SFL) and Pioneer Generation Package, should only use the publicity materials or templates provided by the relevant public authorities when advertising their services under the schemes. Effective from 15 April 2019 23
8.3. Licensees must ensure that all their advertising collaterals are factually
accurate, do not contain promotional elements and comply with regulation 4 of the
Advertisement Regulations (see paragraphs 5.2 to 5.8).
Examples of public schemes funded or endorsed by
Government or Health Promotion Board
Effective from 15 April 2019 249. Contributions to good causes and participation in Corporate Social
Responsibility (CSR) initiatives
Regulation 8:
Where the licensee of a healthcare institution contributes to any good cause in
the name of the healthcare institution, whether by way of donation, sponsorship
or subscription, the licensee must ensure that any public acknowledgment of the
contribution by the recipient does not state any information pertaining to the
healthcare institution except the name of the healthcare institution.
Regulation 13(2):
This regulation does not apply to the advertising of any of the following:…
(d) a corporate social responsibility programme undertaken by the licensee of
the healthcare institution that satisfies all of the following conditions:
(i) every advertisement of the programme must specify that the advertisement
is in relation to a corporate social responsibility programme undertaken by the
licensee;
(ii) the licensee and any of the licensee’s business partners must not derive,
or intend to derive, any direct financial benefit from the advertisement of the
programme;
(iii) the licensee must not use the advertisement of the programme to solicit for
new patients.
9.1. Corporate social responsibility (CSR) initiatives or programmes include raising
funds for, and providing healthcare services at a lower or no cost, to needy patients.
9.2. When advertising CSR initiatives or programmes, licensees must specify that
the advertisement is in relation to its CSR programme and must ensure that the
information in the advertisement is factually accurate, does not contain promotional
elements and complies with regulation 4 of the Advertisement Regulations (see
paragraphs 5.2 to 5.8).
Effective from 15 April 2019 259.3. In any public acknowledgement of a licensee’s contribution to any good
cause(s), the licensee must ensure that the public acknowledgment does not state any
information pertaining to the HCI, other than the name of the HCI.
10. Advertising in conjunction with any person
Regulation 6:
The licensee of a healthcare institution must ensure that the advertisement of the
services of the healthcare institution in conjunction with the advertisement of any
activity, event or programme of any person complies with regulation 4.
10.1. When advertising in conjunction with any activity, event or programme of any
person (e.g. advertising preferential rates or service packages for members of clubs,
societies or companies), licensees must ensure that the advertisements adhere to and
comply with regulation 4 of the Advertisement Regulations (see paragraphs 5.2 to 5.8).
For example, when advertising a preferential rate for the members of clubs, societies
or companies, the advertisement should only contain nett pricing, without comparing
this price to the price offered to non-members.
10.2. Although licensees may also engage the professional services of an advertising
company or a third party to publicise information on the HCI’s services, it is the
responsibility of the licensee to ensure that all their advertisements comply with the
provisions of the Advertisement Regulations.
11. Advertisements outside Singapore
Regulation 15:
The licensee of a healthcare institution may advertise the services of the
healthcare institution in any country outside Singapore, and, where the licensee
does so, regulations 4 to 14 do not apply.
Effective from 15 April 2019 26Regulation 16(1):
For the purposes of these Regulations, an advertisement is deemed to be
published in the country in which it is reasonably expected to be received or
accessible in the normal course of events.
Regulation 16(2):
An advertisement is not regarded as being published in a country if its receipt in
such country is incidental.
Regulation 16(3):
To avoid doubt, where an advertisement is published through a mass medium,
whether electronic or otherwise, accessible in the normal course of events to the
general public in Singapore as well as in other countries, including but not limited
to advertisement published through the Internet, regulations 4 to 14 apply to such
advertisement and publication.
11.1. Licensees may advertise or promote their respective HCIs’ services outside
Singapore. Regulations 4 to 14 of the Advertisement Regulations will not apply if the
HCI is able to prove that its advertisement is meant only for an overseas audience and
is not accessible to the general public in Singapore, in the normal course of events.
However, if the advertisement is published through a mass medium and can be
accessible to the general public in Singapore in the normal course of events, such as
via the internet or social media, then regulations 4 to 14 of the Advertisement
Regulations will apply to the said advertisement.
11.2. To avoid doubt, when advertising overseas, licensees should comply with all
applicable laws and regulations (including those of the country of publication) in
relation to the advertisements.
12. Summary of Licensees’ Responsibility
12.1. It is the licensee’s responsibility to ensure that the style and content of the HCI’s
advertisement, and the manner in which the HCI’s advertisement is published,
complies with all relevant provisions of the Advertisement Regulations.
Effective from 15 April 2019 2712.2. In the event that a licensee is investigated by MOH for a possible offence under the Advertisement Regulations, the licensee will be issued with a letter requiring an explanation during the course of investigations, which the licensee must respond to within 5 working days of the receipt of the letter. 12.3 Where the licensee is made aware of an advertisement that contravenes the Advertisement Regulations, the licensee must take all reasonable steps to rectify or withdraw the contravening advertisement. The Director of Medical Services may, after making due inquiry into the matter, also order the licensee to alter, withdraw, remove or discontinue the advertisement or cause the same to be altered 4 , withdrawn, removed or discontinued. Failure to do so, especially within a timeframe stipulated by MOH, may result in additional enforcement actions. 13. Decision Tree to determine if an Advertisement is in Compliance 13.1. A decision tree (see diagram 1) has been developed to assist licensees of HCIs to determine if their advertisement is in compliance or contravention of the Advertisement Regulations. Licensees are encouraged to use this decision tree in their assessment, and familiarise themselves with the Advertising Regulations and this EG, before advertising the healthcare services provided by their respective HCIs. 4“Alter” in this context includes amending the offending advertisement so as to enable the public to see the corrected advertisement. Effective from 15 April 2019 28
Diagram 1: Decision tree in Determining if the Advertisement is in Compliance with the Advertisement Regulations Effective from 15 April 2019 29
14. Contact Us
14.1. For enquiries, and to provide us with feedback on advertisements that may
potentially contravene the Advertisement Regulations, please email elis@moh.gov.sg.
14.2. To facilitate our review and follow-up, please provide the following information
with your feedback:
(a) a copy of the relevant advertisement;
(b) details of where and when the advertisement was published or seen and which
HCI it relates to; and
(c) details of the concerns identified with the advertisement. If possible, the
identified non-compliance, including the clause/provision/prescribed
requirements referred to, should be provided.
Effective from 15 April 2019 30You can also read
